(a) Definitions.
(1) “Refuse” means only such matter as was either in fact noxious or has been refused and abandoned by its owner as worthless, including uncollected garbage.
(2) “Rubbish” means and includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, paper circulars, handbills, boots, shoes, ashes or any waste material other than garbage or offal.
(3) “Used building materials” means and includes any materials such as wood, stone, brick, cement block, or any composition thereof, used or useful in the erection or construction, by the same persons or by any other person.
(4) “Motor vehicle in an inoperative condition” means and includes any style or type of motor-driven vehicle used or useful for the conveyance of persons or property which is unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.
(5) “Motor vehicle unfit for further use” means and includes any style or type of motor-driven vehicle used for the conveyance of persons or property which is in a dangerous condition, has defective or missing parts, or is in such a condition generally as to be unfit for further use as conveyance.
(6) “Automobile parts” means and includes any portion or parts of any motor- drive vehicle as detached from the vehicle as a whole.
(7) “Scrap metal” means and includes pieces of or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its originally intended purpose.
(Ord. 752. Passed 8-7-78.)
(8) “Former truck accessories” means and includes box trailers originally intended for use with a semi or as part of a tractor trailer, and flat beds originally or currently part of a flat bed truck.
(b) Storage of Certain Materials Declared a Nuisance. No person shall store, place or allow to remain, used building materials left in a noxious manner, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobiles parts, scrap metal, refuse, rubbish or former truck accessories on any lot, lots, parts of lots, or parcel of land within the Village. No person shall store items in former truck accessories on any lot, lots, parts of lots, or parcel of land within the Village.
(Ord. 03-028. Passed 1-12-04.)
(c) Order for Removal; Violation.
(1) In the event of a violation of subsection (b) hereof, the Police Department shall give notice to the owner to cease such violation. Such notice shall be in writing and shall be served upon the owner, occupant or person having charge of the premises either personally or at the usual place of residence of such owner, occupant or person having charge of such premises or by registered or certified mail, addressed to such person’s last known place of residence. If the above described attempts to deliver personally or by certified or registered mail fail after ten days, one publication of notice in a newspaper in general circulation in the Village will serve as sufficient notification.
(2) If the person served with the notice as provided in subsection (c)(1) hereof fails to cause such violation to cease within ten days of the date upon which the notice was issued, shall be subject to the penalty provided in subsection (e) hereof, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues beyond such ten day period; provided that no additional notice of violation is required to be given.
(Ord. 07-013. Passed 12-10-07.)
(d) Exception, Building Materials for Own Use. Notwithstanding the provisions of subsection (b) hereof, it shall not be unlawful for any person to purchase used building materials and place or store them on any lot, lots, parts of lots, or parcel of land when such materials are to be used by the purchaser or owner in later construction on the same lot or any lot owned or controlled by such person; provided that such materials shall not remain on the lot or parcel of land for a period of more than thirty days, unless the construction or erection planned for the use of such materials has commenced; and provided further that such materials are used or consumed in the construction or removed from the premises within a period of four months from the time the materials are first placed on the lot or parcel of land. No person shall move any materials so stored or placed to another location within the Village for the purpose of avoiding the intent of this section, except that any such materials may be moved to another lot or parcel of land, when the same have been sold to a bonafide purchaser for such purchaser’s own use.
(e) Penalty. Whoever violates any provision of this section shall be deemed guilty of a minor misdemeanor. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this section is committed, continued or permitted. (Ord. 752. Passed 8-7-78.)